Recently the USA Department of Transportation (DOT) has taken two actions relative to FMVSS 126 - Electronic Stability Control Systems (ESC). The National Highway Traffic Safety Administration (NHTSA) has issued a Final Rule responding to a Petition for Reconsideration regarding the harmonization of FMVSS 126 with Global Technical Regulation (GTR) 8 - Electronic Stability Control Systems, and they have issued a Request for Comments regarding their latest Technical Report on the Effectiveness of Electronic Stability Control Systems for Car and Light Trucks & Vans (LTVs).
On September 9, 2011 the NHTSA published a Final Rule (Vol. 76, Number 175; Docket No.NHTSA-2011-0140) which amended 49CFR Part 571 - FMVSS 126 - Electronic Stability Control Systems. On April 6, 2007, NHTSA published a Final Rule establishing FMVSS 126 which sets forth requirements for ESC systems on new light vehicles. The United States also participated in the process (United Nations' Economic Commission for Europe [UNECE] World Forum for the Harmonization of Vehicle Regulations [WP.29]) during 2007 and 2008 to establish GTR 8, and responded with a Final Rule in September 2008 addressing Petitions for Reconsideration to harmonize FMVSS 126 with GTR 8. In that Final Rule, the Agency stated that it had previously fulfilled the obligations of the United States by initiating rulemaking with respect to the GTR 8 - Electronic Stability Control Systems and had adopted the regulation to the extent appropriate for harmonization. This latest Final Rule responds a Petition for Reconsideration again addressing three areas that the petitioner felt were not harmonized with GTR 8:
- The petitioner felt that the ESC control identification requirements needed to be revised. NHTSA's review indicated that the ESC control identification provisions of FMVSS 126 fully implement the provisions of GTR 8, and that no further amendment is necessary to achieve harmonization.
- The petitioner believed that some change was required for multi-function control provisions. NHTSA acknowledged that part of the September 2008 preamble language suggested that controls used to navigate through multiple functions displayed in an information center must be labeled "ESC Off"; however, that was not intended to apply to multi-function controls with associated multi-task display allowed by FMVSS 101. NHTSA's finding was that there is nothing in FMVSS 126 to exclude "ESC OFF" for these conditions, so no amendment is necessary to harmonize with GTR 8. Additionally, NHTSA determined that no change was required to S5.5.2 to allow two-part telltales.
- The petitioner identified the need for a light weight outrigger to be used during testing of lightweight trucks, multipurpose passenger vehicles and buses under 1,588 kg (3,500 lb) in FMVSS 126 to be harmonious with GTR 8. NHTSA acknowledges this need and grants the petition.
This Final Rule is effective October 11, 2011. Petitions for Reconsideration must be received not later than October 24, 2011.
On August 10, 2011 the NHTSA published a Request for Comments (Vol. 76, Number 154; Docket No. NHTSA-2011-0112) on Technical Report: Crash Prevention Effectiveness in Light Vehicle Electronic Stability Control: An Update of the 2007 NHTSA Evaluation (72 FR 41582). This report uses data for calendar years 2007-2009 from the Fatality Analysis Reporting System (FARS) and the General Estimates System (GES) of the National Automotive Sampling System (NASS) to estimate the long-term effectiveness of ESC for passenger cars and LTVs. The principal findings are that ESC was associated with a six percent decrease in the likelihood that a vehicle would be involved in any police reported crash, and an 18 percent reduction in the probability that a vehicle would be involved in a fatal crash. For passenger cars, the reductions are 5 percent and 23 percent respectively; for LTVs, 7 percent and 20 percent.
Comments must be received no later than December 8, 2011.